This brief provides some observations on the results of the fourth WTO Ministerial meeting at Doha, as they relate toissues of intellectual property and the TRIPS Agreement, in light of developing countries’ concerns. Four texts will be analyzed in an integrated manner, including the Ministerial Declaration, the Decision on TRIPS and Public Health, theDecision on Implementation Issues and Concerns, and the Compilation of Outstanding Issues raised by Members. All texts present opportunities and risks from a developing country perspective, and fail to adequately address a number of issues raised by developing countries in the Doha pre-negotiation phase. Furthermore, the need for rebalancing the TRIPS Agreement and to take into account the interests of developing countries remains to be undertaken in the new WTO work programme.
This brief will give some general comments of possible legal interpretations and will present the opportunities and risks in mandated negotiations and reviews for developing countries. It will also introduce some ideas on possible strategic options for the upcoming work programme on intellectual property and related issues. The brief will analyze all Ministerial texts and the mandated work in the TRIPS Council and in the Committee of Trade and Environment (CTE).